3. A delivery driver was looking for an address as he drove…
3. A delivery driver was looking for an address as he drove down the street and was not watching the road in front of him. As a result, he did not see the pedestrian crossing the street and struck her with his van. The delivery driver immediately got out of his van to help the pedestrian. When he saw that she was unconscious, he became afraid to move her, and left her in the roadway while he ran to get his phone. While the driver was gone, a taxi drove down the same street. The taxi driver did not see the pedestrian in the roadway and drove over her, fracturing her leg. In an action by the pedestrian against the delivery driver for damages resulting from her fractured leg, a court is most likely to find for:
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